Wynagrodzenie za jednakową pracę lub za pracę o jednakowej wartości

Wynagrodzenie za jednakową pracę lub za pracę o jednakowej wartości refers to the right, established in Article 18(3c) of the Polish Labour Code, for employees to receive equal remuneration for work that is either identical or considered to be of equal value. Remuneration, in this context, is broadly defined to encompass all components of pay, regardless of their name or character, as well as any other work-related benefits, whether monetary or non-monetary. Work is deemed to be of equal value if its performance requires comparable professional qualifications (evidenced by documents or professional experience), responsibility, and effort.

This core principle, enshrined in international labour standards, dictates that remuneration should be determined based on an objective appraisal of the work performed, considering factors such as skill, effort, responsibility, and working conditions, rather than being influenced by the gender of the worker. It extends beyond 'equal pay for equal work' to encompass situations where different jobs may have comparable value to an employer. The Workplace Fairness Legislation aims to operationalise this principle within Singapore's legal framework, moving beyond existing guidelines to provide statutory backing for fair compensation practices.

This principle, enshrined in Article 326 of the Ecuadorian Constitution, mandates that remuneration should not be differentiated based on discriminatory reasons like sex, ethnicity, or age, but rather on the objective value of the work performed. It extends beyond identical jobs to those requiring similar skills, effort, responsibility, and working conditions.

Under the Kenya Employment Act, 2007, this principle mandates that employers must pay their employees equal remuneration for work that is assessed to be of equal value, irrespective of gender or other discriminatory grounds. This goes beyond 'equal pay for equal work' by requiring a comparison of jobs that may have different duties but contribute similarly to the employer's objectives, often necessitating a robust job evaluation system to determine comparable worth. The Act makes contravention of this provision an offense, underscoring its legal enforceability.

This principle, as defined by DOLE Department Order No. 251-25, mandates that women should receive the same compensation as men for work that is objectively determined to be of equal worth, considering factors such as skill, effort, responsibility, and working conditions, regardless of whether the job titles or specific functions are identical. It moves beyond 'equal pay for equal work' to address systemic undervaluation of roles predominantly held by one gender.

This principle, central to the Act, mandates that remuneration rates must be established without discrimination based on sex or other protected characteristics for jobs that, while potentially different in nature, are objectively determined to be of comparable worth. The assessment of 'equal value' considers a comprehensive set of criteria including the skills required, the effort expended, the level of responsibility involved, and the working conditions under which the work is performed, moving beyond a simple comparison of job titles or tasks.